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7 | + EUROPEAN UNION PUBLIC LICENCE v. 1.2 |
8 | + EUPL © the European Union 2007, 2016 |
9 | + |
10 | + This European Union Public Licence (the ‘EUPL’) applies to the Work (as defined |
11 | + below) which is provided under the terms of this Licence. Any use of the Work, |
12 | + other than as authorised under this Licence is prohibited (to the extent such |
13 | + use is covered by a right of the copyright holder of the Work). |
14 | + |
15 | + The Work is provided under the terms of this Licence when the Licensor (as |
16 | + defined below) has placed the following notice immediately following the |
17 | + copyright notice for the Work: |
18 | + |
19 | + Licensed under the EUPL |
20 | + |
21 | + or has expressed by any other means his willingness to license under the EUPL. |
22 | + |
23 | + 1. Definitions |
24 | + |
25 | + In this Licence, the following terms have the following meaning: |
26 | + |
27 | + - ‘The Licence’: this Licence. |
28 | + |
29 | + - ‘The Original Work’: the work or software distributed or communicated by the |
30 | + Licensor under this Licence, available as Source Code and also as Executable |
31 | + Code as the case may be. |
32 | + |
33 | + - ‘Derivative Works’: the works or software that could be created by the |
34 | + Licensee, based upon the Original Work or modifications thereof. This Licence |
35 | + does not define the extent of modification or dependence on the Original Work |
36 | + required in order to classify a work as a Derivative Work; this extent is |
37 | + determined by copyright law applicable in the country mentioned in Article 15. |
38 | + |
39 | + - ‘The Work’: the Original Work or its Derivative Works. |
40 | + |
41 | + - ‘The Source Code’: the human-readable form of the Work which is the most |
42 | + convenient for people to study and modify. |
43 | + |
44 | + - ‘The Executable Code’: any code which has generally been compiled and which is |
45 | + meant to be interpreted by a computer as a program. |
46 | + |
47 | + - ‘The Licensor’: the natural or legal person that distributes or communicates |
48 | + the Work under the Licence. |
49 | + |
50 | + - ‘Contributor(s)’: any natural or legal person who modifies the Work under the |
51 | + Licence, or otherwise contributes to the creation of a Derivative Work. |
52 | + |
53 | + - ‘The Licensee’ or ‘You’: any natural or legal person who makes any usage of |
54 | + the Work under the terms of the Licence. |
55 | + |
56 | + - ‘Distribution’ or ‘Communication’: any act of selling, giving, lending, |
57 | + renting, distributing, communicating, transmitting, or otherwise making |
58 | + available, online or offline, copies of the Work or providing access to its |
59 | + essential functionalities at the disposal of any other natural or legal |
60 | + person. |
61 | + |
62 | + 2. Scope of the rights granted by the Licence |
63 | + |
64 | + The Licensor hereby grants You a worldwide, royalty-free, non-exclusive, |
65 | + sublicensable licence to do the following, for the duration of copyright vested |
66 | + in the Original Work: |
67 | + |
68 | + - use the Work in any circumstance and for all usage, |
69 | + - reproduce the Work, |
70 | + - modify the Work, and make Derivative Works based upon the Work, |
71 | + - communicate to the public, including the right to make available or display |
72 | + the Work or copies thereof to the public and perform publicly, as the case may |
73 | + be, the Work, |
74 | + - distribute the Work or copies thereof, |
75 | + - lend and rent the Work or copies thereof, |
76 | + - sublicense rights in the Work or copies thereof. |
77 | + |
78 | + Those rights can be exercised on any media, supports and formats, whether now |
79 | + known or later invented, as far as the applicable law permits so. |
80 | + |
81 | + In the countries where moral rights apply, the Licensor waives his right to |
82 | + exercise his moral right to the extent allowed by law in order to make effective |
83 | + the licence of the economic rights here above listed. |
84 | + |
85 | + The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to |
86 | + any patents held by the Licensor, to the extent necessary to make use of the |
87 | + rights granted on the Work under this Licence. |
88 | + |
89 | + 3. Communication of the Source Code |
90 | + |
91 | + The Licensor may provide the Work either in its Source Code form, or as |
92 | + Executable Code. If the Work is provided as Executable Code, the Licensor |
93 | + provides in addition a machine-readable copy of the Source Code of the Work |
94 | + along with each copy of the Work that the Licensor distributes or indicates, in |
95 | + a notice following the copyright notice attached to the Work, a repository where |
96 | + the Source Code is easily and freely accessible for as long as the Licensor |
97 | + continues to distribute or communicate the Work. |
98 | + |
99 | + 4. Limitations on copyright |
100 | + |
101 | + Nothing in this Licence is intended to deprive the Licensee of the benefits from |
102 | + any exception or limitation to the exclusive rights of the rights owners in the |
103 | + Work, of the exhaustion of those rights or of other applicable limitations |
104 | + thereto. |
105 | + |
106 | + 5. Obligations of the Licensee |
107 | + |
108 | + The grant of the rights mentioned above is subject to some restrictions and |
109 | + obligations imposed on the Licensee. Those obligations are the following: |
110 | + |
111 | + Attribution right: The Licensee shall keep intact all copyright, patent or |
112 | + trademarks notices and all notices that refer to the Licence and to the |
113 | + disclaimer of warranties. The Licensee must include a copy of such notices and a |
114 | + copy of the Licence with every copy of the Work he/she distributes or |
115 | + communicates. The Licensee must cause any Derivative Work to carry prominent |
116 | + notices stating that the Work has been modified and the date of modification. |
117 | + |
118 | + Copyleft clause: If the Licensee distributes or communicates copies of the |
119 | + Original Works or Derivative Works, this Distribution or Communication will be |
120 | + done under the terms of this Licence or of a later version of this Licence |
121 | + unless the Original Work is expressly distributed only under this version of the |
122 | + Licence — for example by communicating ‘EUPL v. 1.2 only’. The Licensee |
123 | + (becoming Licensor) cannot offer or impose any additional terms or conditions on |
124 | + the Work or Derivative Work that alter or restrict the terms of the Licence. |
125 | + |
126 | + Compatibility clause: If the Licensee Distributes or Communicates Derivative |
127 | + Works or copies thereof based upon both the Work and another work licensed under |
128 | + a Compatible Licence, this Distribution or Communication can be done under the |
129 | + terms of this Compatible Licence. For the sake of this clause, ‘Compatible |
130 | + Licence’ refers to the licences listed in the appendix attached to this Licence. |
131 | + Should the Licensee's obligations under the Compatible Licence conflict with |
132 | + his/her obligations under this Licence, the obligations of the Compatible |
133 | + Licence shall prevail. |
134 | + |
135 | + Provision of Source Code: When distributing or communicating copies of the Work, |
136 | + the Licensee will provide a machine-readable copy of the Source Code or indicate |
137 | + a repository where this Source will be easily and freely available for as long |
138 | + as the Licensee continues to distribute or communicate the Work. |
139 | + |
140 | + Legal Protection: This Licence does not grant permission to use the trade names, |
141 | + trademarks, service marks, or names of the Licensor, except as required for |
142 | + reasonable and customary use in describing the origin of the Work and |
143 | + reproducing the content of the copyright notice. |
144 | + |
145 | + 6. Chain of Authorship |
146 | + |
147 | + The original Licensor warrants that the copyright in the Original Work granted |
148 | + hereunder is owned by him/her or licensed to him/her and that he/she has the |
149 | + power and authority to grant the Licence. |
150 | + |
151 | + Each Contributor warrants that the copyright in the modifications he/she brings |
152 | + to the Work are owned by him/her or licensed to him/her and that he/she has the |
153 | + power and authority to grant the Licence. |
154 | + |
155 | + Each time You accept the Licence, the original Licensor and subsequent |
156 | + Contributors grant You a licence to their contributions to the Work, under the |
157 | + terms of this Licence. |
158 | + |
159 | + 7. Disclaimer of Warranty |
160 | + |
161 | + The Work is a work in progress, which is continuously improved by numerous |
162 | + Contributors. It is not a finished work and may therefore contain defects or |
163 | + ‘bugs’ inherent to this type of development. |
164 | + |
165 | + For the above reason, the Work is provided under the Licence on an ‘as is’ basis |
166 | + and without warranties of any kind concerning the Work, including without |
167 | + limitation merchantability, fitness for a particular purpose, absence of defects |
168 | + or errors, accuracy, non-infringement of intellectual property rights other than |
169 | + copyright as stated in Article 6 of this Licence. |
170 | + |
171 | + This disclaimer of warranty is an essential part of the Licence and a condition |
172 | + for the grant of any rights to the Work. |
173 | + |
174 | + 8. Disclaimer of Liability |
175 | + |
176 | + Except in the cases of wilful misconduct or damages directly caused to natural |
177 | + persons, the Licensor will in no event be liable for any direct or indirect, |
178 | + material or moral, damages of any kind, arising out of the Licence or of the use |
179 | + of the Work, including without limitation, damages for loss of goodwill, work |
180 | + stoppage, computer failure or malfunction, loss of data or any commercial |
181 | + damage, even if the Licensor has been advised of the possibility of such damage. |
182 | + However, the Licensor will be liable under statutory product liability laws as |
183 | + far such laws apply to the Work. |
184 | + |
185 | + 9. Additional agreements |
186 | + |
187 | + While distributing the Work, You may choose to conclude an additional agreement, |
188 | + defining obligations or services consistent with this Licence. However, if |
189 | + accepting obligations, You may act only on your own behalf and on your sole |
190 | + responsibility, not on behalf of the original Licensor or any other Contributor, |
191 | + and only if You agree to indemnify, defend, and hold each Contributor harmless |
192 | + for any liability incurred by, or claims asserted against such Contributor by |
193 | + the fact You have accepted any warranty or additional liability. |
194 | + |
195 | + 10. Acceptance of the Licence |
196 | + |
197 | + The provisions of this Licence can be accepted by clicking on an icon ‘I agree’ |
198 | + placed under the bottom of a window displaying the text of this Licence or by |
199 | + affirming consent in any other similar way, in accordance with the rules of |
200 | + applicable law. Clicking on that icon indicates your clear and irrevocable |
201 | + acceptance of this Licence and all of its terms and conditions. |
202 | + |
203 | + Similarly, you irrevocably accept this Licence and all of its terms and |
204 | + conditions by exercising any rights granted to You by Article 2 of this Licence, |
205 | + such as the use of the Work, the creation by You of a Derivative Work or the |
206 | + Distribution or Communication by You of the Work or copies thereof. |
207 | + |
208 | + 11. Information to the public |
209 | + |
210 | + In case of any Distribution or Communication of the Work by means of electronic |
211 | + communication by You (for example, by offering to download the Work from a |
212 | + remote location) the distribution channel or media (for example, a website) must |
213 | + at least provide to the public the information requested by the applicable law |
214 | + regarding the Licensor, the Licence and the way it may be accessible, concluded, |
215 | + stored and reproduced by the Licensee. |
216 | + |
217 | + 12. Termination of the Licence |
218 | + |
219 | + The Licence and the rights granted hereunder will terminate automatically upon |
220 | + any breach by the Licensee of the terms of the Licence. |
221 | + |
222 | + Such a termination will not terminate the licences of any person who has |
223 | + received the Work from the Licensee under the Licence, provided such persons |
224 | + remain in full compliance with the Licence. |
225 | + |
226 | + 13. Miscellaneous |
227 | + |
228 | + Without prejudice of Article 9 above, the Licence represents the complete |
229 | + agreement between the Parties as to the Work. |
230 | + |
231 | + If any provision of the Licence is invalid or unenforceable under applicable |
232 | + law, this will not affect the validity or enforceability of the Licence as a |
233 | + whole. Such provision will be construed or reformed so as necessary to make it |
234 | + valid and enforceable. |
235 | + |
236 | + The European Commission may publish other linguistic versions or new versions of |
237 | + this Licence or updated versions of the Appendix, so far this is required and |
238 | + reasonable, without reducing the scope of the rights granted by the Licence. New |
239 | + versions of the Licence will be published with a unique version number. |
240 | + |
241 | + All linguistic versions of this Licence, approved by the European Commission, |
242 | + have identical value. Parties can take advantage of the linguistic version of |
243 | + their choice. |
244 | + |
245 | + 14. Jurisdiction |
246 | + |
247 | + Without prejudice to specific agreement between parties, |
248 | + |
249 | + - any litigation resulting from the interpretation of this License, arising |
250 | + between the European Union institutions, bodies, offices or agencies, as a |
251 | + Licensor, and any Licensee, will be subject to the jurisdiction of the Court |
252 | + of Justice of the European Union, as laid down in article 272 of the Treaty on |
253 | + the Functioning of the European Union, |
254 | + |
255 | + - any litigation arising between other parties and resulting from the |
256 | + interpretation of this License, will be subject to the exclusive jurisdiction |
257 | + of the competent court where the Licensor resides or conducts its primary |
258 | + business. |
259 | + |
260 | + 15. Applicable Law |
261 | + |
262 | + Without prejudice to specific agreement between parties, |
263 | + |
264 | + - this Licence shall be governed by the law of the European Union Member State |
265 | + where the Licensor has his seat, resides or has his registered office, |
266 | + |
267 | + - this licence shall be governed by Belgian law if the Licensor has no seat, |
268 | + residence or registered office inside a European Union Member State. |
269 | + |
270 | + Appendix |
271 | + |
272 | + ‘Compatible Licences’ according to Article 5 EUPL are: |
273 | + |
274 | + - GNU General Public License (GPL) v. 2, v. 3 |
275 | + - GNU Affero General Public License (AGPL) v. 3 |
276 | + - Open Software License (OSL) v. 2.1, v. 3.0 |
277 | + - Eclipse Public License (EPL) v. 1.0 |
278 | + - CeCILL v. 2.0, v. 2.1 |
279 | + - Mozilla Public Licence (MPL) v. 2 |
280 | + - GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3 |
281 | + - Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for |
282 | + works other than software |
283 | + - European Union Public Licence (EUPL) v. 1.1, v. 1.2 |
284 | + - Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong |
285 | + Reciprocity (LiLiQ-R+). |
286 | + |
287 | + The European Commission may update this Appendix to later versions of the above |
288 | + licences without producing a new version of the EUPL, as long as they provide |
289 | + the rights granted in Article 2 of this Licence and protect the covered Source |
290 | + Code from exclusive appropriation. |
291 | + |
292 | + All other changes or additions to this Appendix require the production of a new |
293 | + EUPL version. |