EUPL-1.2.txt.EN (13827B)
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.