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| 1 | + European Union Public Licence |
| 2 | + V. 1.1 |
| 3 | + EUPL © the European Community 2007 |
| 4 | + |
| 5 | +This European Union Public Licence (the “EUPL”) applies to the Work or Software |
| 6 | +(as defined below) which is provided under the terms of this Licence. Any use of the |
| 7 | +Work, other than as authorised under this Licence is prohibited (to the extent such use |
| 8 | +is covered by a right of the copyright holder of the Work). |
| 9 | + |
| 10 | +The Original Work is provided under the terms of this Licence when the Licensor (as |
| 11 | +defined below) has placed the following notice immediately following the copyright |
| 12 | +notice for the Original Work: |
| 13 | + |
| 14 | +Licensed under the EUPL V.1.1 |
| 15 | + |
| 16 | +or has expressed by any other mean his willingness to license under the EUPL. |
| 17 | + |
| 18 | +1. Definitions |
| 19 | + |
| 20 | +In this Licence, the following terms have the following meaning: |
| 21 | + |
| 22 | +- The Licence: this Licence. |
| 23 | + |
| 24 | +- The Original Work or the Software: the software distributed and/or communicated |
| 25 | +by the Licensor under this Licence, available as Source Code and also as Executable |
| 26 | +Code as the case may be. |
| 27 | + |
| 28 | +- Derivative Works: the works or software that could be created by the Licensee, |
| 29 | +based upon the Original Work or modifications thereof. This Licence does not define |
| 30 | +the extent of modification or dependence on the Original Work required in order to |
| 31 | +classify a work as a Derivative Work; this extent is determined by copyright law |
| 32 | +applicable in the country mentioned in Article 15. |
| 33 | + |
| 34 | +- The Work: the Original Work and/or its Derivative Works. |
| 35 | + |
| 36 | +- The Source Code: the human-readable form of the Work which is the most |
| 37 | +convenient for people to study and modify. |
| 38 | + |
| 39 | +- The Executable Code: any code which has generally been compiled and which is |
| 40 | +meant to be interpreted by a computer as a program. |
| 41 | + |
| 42 | +- The Licensor: the natural or legal person that distributes and/or communicates the |
| 43 | +Work under the Licence. |
| 44 | + |
| 45 | +- Contributor(s): any natural or legal person who modifies the Work under the |
| 46 | +Licence, or otherwise contributes to the creation of a Derivative Work. |
| 47 | + |
| 48 | +- The Licensee or “You”: any natural or legal person who makes any usage of the |
| 49 | +Software under the terms of the Licence. |
| 50 | + |
| 51 | +- Distribution and/or Communication: any act of selling, giving, lending, renting, |
| 52 | +distributing, communicating, transmitting, or otherwise making available, on-line or |
| 53 | +off-line, copies of the Work or providing access to its essential functionalities at the |
| 54 | +disposal of any other natural or legal person. |
| 55 | + |
| 56 | +2. Scope of the rights granted by the Licence |
| 57 | + |
| 58 | +The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sublicensable |
| 59 | +licence to do the following, for the duration of copyright vested in the |
| 60 | +Original Work: |
| 61 | + |
| 62 | +- use the Work in any circumstance and for all usage, |
| 63 | +- reproduce the Work, |
| 64 | +- modify the Original Work, and make Derivative Works based upon the Work, |
| 65 | +- communicate to the public, including the right to make available or display the |
| 66 | +Work or copies thereof to the public and perform publicly, as the case may be, |
| 67 | +the Work, |
| 68 | +- distribute the Work or copies thereof, |
| 69 | +- lend and rent the Work or copies thereof, |
| 70 | +- sub-license 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 exercise his |
| 76 | +moral right to the extent allowed by law in order to make effective the licence of the |
| 77 | +economic rights here above listed. |
| 78 | + |
| 79 | +The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any |
| 80 | +patents held by the Licensor, to the extent necessary to make use of the rights granted |
| 81 | +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 Executable |
| 86 | +Code. If the Work is provided as Executable Code, the Licensor provides in addition a |
| 87 | +machine-readable copy of the Source Code of the Work along with each copy of the |
| 88 | +Work that the Licensor distributes or indicates, in a notice following the copyright |
| 89 | +notice attached to the Work, a repository where the Source Code is easily and freely |
| 90 | +accessible for as long as the Licensor continues to distribute and/or communicate the |
| 91 | +Work. |
| 92 | + |
| 93 | +4. Limitations on copyright |
| 94 | + |
| 95 | +Nothing in this Licence is intended to deprive the Licensee of the benefits from any |
| 96 | +exception or limitation to the exclusive rights of the rights owners in the Original |
| 97 | +Work or Software, 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 obligations |
| 103 | +imposed on the Licensee. Those obligations are the following: |
| 104 | +Attribution right: the Licensee shall keep intact all copyright, patent or trademarks |
| 105 | +notices and all notices that refer to the Licence and to the disclaimer of warranties. |
| 106 | + |
| 107 | +The Licensee must include a copy of such notices and a copy of the Licence with |
| 108 | +every copy of the Work he/she distributes and/or communicates. The Licensee must |
| 109 | +cause any Derivative Work to carry prominent notices stating that the Work has been |
| 110 | +modified and the date of modification. |
| 111 | + |
| 112 | +Copyleft clause: If the Licensee distributes and/or communicates copies of the |
| 113 | +Original Works or Derivative Works based upon the Original Work, this Distribution |
| 114 | +and/or Communication will be done under the terms of this Licence or of a later |
| 115 | +version of this Licence unless the Original Work is expressly distributed only under |
| 116 | +this version of the Licence. The Licensee (becoming Licensor) cannot offer or impose |
| 117 | +any additional terms or conditions on the Work or Derivative Work that alter or |
| 118 | +restrict the terms of the Licence. |
| 119 | + |
| 120 | +Compatibility clause: If the Licensee Distributes and/or Communicates Derivative |
| 121 | +Works or copies thereof based upon both the Original Work and another work |
| 122 | +licensed under a Compatible Licence, this Distribution and/or Communication can be |
| 123 | +done under the terms of this Compatible Licence. For the sake of this clause, |
| 124 | +“Compatible Licence” refers to the licences listed in the appendix attached to this |
| 125 | +Licence. Should the Licensee’s obligations under the Compatible Licence conflict |
| 126 | +with his/her obligations under this Licence, the obligations of the Compatible Licence |
| 127 | +shall prevail. |
| 128 | + |
| 129 | +Provision of Source Code: When distributing and/or communicating copies of the |
| 130 | +Work, the Licensee will provide a machine-readable copy of the Source Code or |
| 131 | +indicate a repository where this Source will be easily and freely available for as long |
| 132 | +as the Licensee continues to distribute and/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 reproducing |
| 137 | +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 power |
| 143 | +and authority to grant the Licence. |
| 144 | + |
| 145 | +Each Contributor warrants that the copyright in the modifications he/she brings to the |
| 146 | +Work are owned by him/her or licensed to him/her and that he/she has the power and |
| 147 | +authority to grant the Licence. |
| 148 | + |
| 149 | +Each time You accept the Licence, the original Licensor and subsequent Contributors |
| 150 | +grant You a licence to their contributions to the Work, under the terms of this |
| 151 | +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 “bugs” |
| 157 | +inherent to this type of software development. |
| 158 | + |
| 159 | +For the above reason, the Work is provided under the Licence on an “as is” basis and |
| 160 | +without warranties of any kind concerning the Work, including without limitation |
| 161 | +merchantability, fitness for a particular purpose, absence of defects or errors, |
| 162 | +accuracy, non-infringement of intellectual property rights other than copyright as |
| 163 | +stated in Article 6 of this Licence. |
| 164 | + |
| 165 | +This disclaimer of warranty is an essential part of the Licence and a condition for the |
| 166 | +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, material or |
| 172 | +moral, damages of any kind, arising out of the Licence or of the use of the Work, |
| 173 | +including without limitation, damages for loss of goodwill, work stoppage, computer |
| 174 | +failure or malfunction, loss of data or any commercial damage, even if the Licensor |
| 175 | +has been advised of the possibility of such damage. However, the Licensor will be |
| 176 | +liable under statutory product liability laws as far such laws apply to the Work. |
| 177 | + |
| 178 | +9. Additional agreements |
| 179 | + |
| 180 | +While distributing the Original Work or Derivative Works, You may choose to |
| 181 | +conclude an additional agreement to offer, and charge a fee for, acceptance of support, |
| 182 | +warranty, indemnity, or other liability obligations and/or services consistent with this |
| 183 | +Licence. However, in accepting such obligations, You may act only on your own |
| 184 | +behalf and on your sole responsibility, not on behalf of the original Licensor or any |
| 185 | +other Contributor, and only if You agree to indemnify, defend, and hold each |
| 186 | +Contributor harmless for any liability incurred by, or claims asserted against such |
| 187 | +Contributor by the fact You have accepted any such 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 applicable |
| 194 | +law. Clicking on that icon indicates your clear and irrevocable acceptance of this |
| 195 | +Licence and all of its terms and conditions. |
| 196 | + |
| 197 | +Similarly, you irrevocably accept this Licence and all of its terms and conditions by |
| 198 | +exercising any rights granted to You by Article 2 of this Licence, such as the use of |
| 199 | +the Work, the creation by You of a Derivative Work or the Distribution and/or |
| 200 | +Communication by You of the Work or copies thereof. |
| 201 | + |
| 202 | +11. Information to the public |
| 203 | + |
| 204 | +In case of any Distribution and/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 at |
| 207 | +least provide to the public the information requested by the applicable law regarding |
| 208 | +the Licensor, the Licence and the way it may be accessible, concluded, stored and |
| 209 | +reproduced by the Licensee. |
| 210 | + |
| 211 | +12. Termination of the Licence |
| 212 | + |
| 213 | +The Licence and the rights granted hereunder will terminate automatically upon any |
| 214 | +breach by the Licensee of the terms of the Licence. |
| 215 | +Such a termination will not terminate the licences of any person who has received the |
| 216 | +Work from the Licensee under the Licence, provided such persons remain in full |
| 217 | +compliance with the Licence. |
| 218 | + |
| 219 | +13. Miscellaneous |
| 220 | + |
| 221 | +Without prejudice of Article 9 above, the Licence represents the complete agreement |
| 222 | +between the Parties as to the Work licensed hereunder. |
| 223 | + |
| 224 | +If any provision of the Licence is invalid or unenforceable under applicable law, this |
| 225 | +will not affect the validity or enforceability of the Licence as a whole. Such provision |
| 226 | +will be construed and/or reformed so as necessary to make it valid and enforceable. |
| 227 | +The European Commission may publish other linguistic versions and/or new versions |
| 228 | +of this Licence, so far this is required and reasonable, without reducing the scope of |
| 229 | +the rights granted by the Licence. New versions of the Licence will be published with |
| 230 | +a unique version number. |
| 231 | + |
| 232 | +All linguistic versions of this Licence, approved by the European Commission, have |
| 233 | +identical value. Parties can take advantage of the linguistic version of their choice. |
| 234 | + |
| 235 | +14. Jurisdiction |
| 236 | + |
| 237 | +Any litigation resulting from the interpretation of this License, arising between the |
| 238 | +European Commission, as a Licensor, and any Licensee, will be subject to the |
| 239 | +jurisdiction of the Court of Justice of the European Communities, as laid down in |
| 240 | +article 238 of the Treaty establishing the European Community. |
| 241 | +Any litigation arising between Parties, other than the European Commission, and |
| 242 | +resulting from the interpretation of this License, will be subject to the exclusive |
| 243 | +jurisdiction of the competent court where the Licensor resides or conducts its primary |
| 244 | +business. |
| 245 | + |
| 246 | +15. Applicable Law |
| 247 | + |
| 248 | +This Licence shall be governed by the law of the European Union country where the |
| 249 | +Licensor resides or has his registered office. |
| 250 | + |
| 251 | +This licence shall be governed by the Belgian law if: |
| 252 | + |
| 253 | +- a litigation arises between the European Commission, as a Licensor, and any |
| 254 | +Licensee; |
| 255 | +- the Licensor, other than the European Commission, has no residence or |
| 256 | +registered office inside a European Union country. |
| 257 | + |
| 258 | +=== |
| 259 | + |
| 260 | +Appendix |
| 261 | + |
| 262 | +“Compatible Licences” according to article 5 EUPL are: |
| 263 | + |
| 264 | +- GNU General Public License (GNU GPL) v. 2 |
| 265 | +- Open Software License (OSL) v. 2.1, v. 3.0 |
| 266 | +- Common Public License v. 1.0 |
| 267 | +- Eclipse Public License v. 1.0 |
| 268 | +- Cecill v. 2.0 |
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