Contents of /licenses/EUPL-1.1

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Wed Oct 19 10:48:12 2011 UTC (6 years, 1 month ago) by sbriesen
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1 European Union Public Licence
2 V. 1.1
3 EUPL © the European Community 2007
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).
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:
14 Licensed under the EUPL V.1.1
16 or has expressed by any other mean his willingness to license under the EUPL.
18 1. Definitions
20 In this Licence, the following terms have the following meaning:
22 - The Licence: this Licence.
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.
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.
34 - The Work: the Original Work and/or its Derivative Works.
36 - The Source Code: the human-readable form of the Work which is the most
37 convenient for people to study and modify.
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.
42 - The Licensor: the natural or legal person that distributes and/or communicates the
43 Work under the Licence.
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.
48 - The Licensee or “You”: any natural or legal person who makes any usage of the
49 Software under the terms of the Licence.
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.
56 2. Scope of the rights granted by the Licence
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:
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.
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.
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.
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.
83 3. Communication of the Source Code
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.
93 4. Limitations on copyright
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.
100 5. Obligations of the Licensee
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.
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.
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.
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.
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.
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.
139 6. Chain of Authorship
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.
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.
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.
153 7. Disclaimer of Warranty
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.
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.
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.
168 8. Disclaimer of Liability
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.
178 9. Additional agreements
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.
189 10. Acceptance of the Licence
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.
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.
202 11. Information to the public
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.
211 12. Termination of the Licence
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.
219 13. Miscellaneous
221 Without prejudice of Article 9 above, the Licence represents the complete agreement
222 between the Parties as to the Work licensed hereunder.
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.
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.
235 14. Jurisdiction
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.
246 15. Applicable Law
248 This Licence shall be governed by the law of the European Union country where the
249 Licensor resides or has his registered office.
251 This licence shall be governed by the Belgian law if:
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.
258 ===
260 Appendix
262 “Compatible Licences” according to article 5 EUPL are:
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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