LICENSE.txt 13.2 KB
Newer Older
legoc's avatar
legoc committed
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
European Union Public Licence 
V. 1.1 
 
 
EUPL © the European Community 2007 
 
 
This European Union Public Licence (the “EUPL”) applies to the Work or Software 
(as defined below) which is provided under the terms of this Licence. Any use of the 
Work, other than as authorised under this Licence is prohibited (to the extent such use 
is covered by a right of the copyright holder of the Work). 
 
The Original Work is provided under the terms of this Licence when the Licensor (as 
defined below) has placed the following notice immediately following the copyright 
notice for the Original Work: 
 
Licensed under the EUPL V.1.1 
 
or has expressed by any other mean his willingness to license under the EUPL. 
 
1. Definitions 
 
In this Licence, the following terms have the following meaning: 
 
- The Licence: this Licence. 
 
- The Original Work or the Software: the software distributed and/or communicated 
by the Licensor under this Licence, available as Source Code and also as Executable 
Code as the case may be. 
 
- Derivative Works: the works or software that could be created by the Licensee, 
based upon the Original Work or modifications thereof. This Licence does not define 
the extent of modification or dependence on the Original Work required in order to 
classify a work as a Derivative Work; this extent is determined by copyright law 
applicable in the country mentioned in Article 15.  
 
- The Work: the Original Work and/or its Derivative Works. 
 
- The Source Code: the human-readable form of the Work which is the most 
convenient for people to study and modify. 
 
- The Executable Code: any code which has generally been compiled and which is 
meant to be interpreted by a computer as a program. 
 
- The Licensor: the natural or legal person that distributes and/or communicates the 
Work under the Licence. 
 
- Contributor(s): any natural or legal person who modifies the Work under the 
Licence, or otherwise contributes to the creation of a Derivative Work. 
 
   
 
- The Licensee or “You”: any natural or legal person who makes any usage of the 
Software under the terms of the Licence. 
 
- Distribution and/or Communication: any act of selling, giving, lending, renting, 
distributing, communicating, transmitting, or otherwise making available, on-line or 
off-line, copies of the Work or providing access to its essential functionalities at the 
disposal of any other natural or legal person. 
 
2. Scope of the rights granted by the Licence 
 
The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sub- 
licensable licence to do the following, for the duration of copyright vested in the 
Original Work: 
 
- use the Work in any circumstance and for all usage, 
- reproduce the Work, 
- modify the Original Work, and make Derivative Works based upon the Work, 
- communicate to the public, including the right to make available or display the 
Work or copies thereof to the public and perform publicly, as the case may be, 
the Work, 
- distribute the Work or copies thereof, 
- lend and rent the Work or copies thereof, 
- sub-license rights in the Work or copies thereof. 
 
Those rights can be exercised on any media, supports and formats, whether now 
known or later invented, as far as the applicable law permits so. 
 
In the countries where moral rights apply, the Licensor waives his right to exercise his 
moral right to the extent allowed by law in order to make effective the licence of the 
economic rights here above listed. 
 
The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any 
patents held by the Licensor, to the extent necessary to make use of the rights granted 
on the Work under this Licence. 
 
3. Communication of the Source Code 
 
The Licensor may provide the Work either in its Source Code form, or as Executable 
Code. If the Work is provided as Executable Code, the Licensor provides in addition a 
machine-readable copy of the Source Code of the Work along with each copy of the 
Work that the Licensor distributes or indicates, in a notice following the copyright 
notice attached to the Work, a repository where the Source Code is easily and freely 
accessible for as long as the Licensor continues to distribute and/or communicate the 
Work. 
 
 
 
 
 
 
   
4. Limitations on copyright 
 
Nothing in this Licence is intended to deprive the Licensee of the benefits from any 
exception or limitation to the exclusive rights of the rights owners in the Original 
Work or Software, of the exhaustion of those rights or of other applicable limitations 
thereto. 
 
5. Obligations of the Licensee 
 
The grant of the rights mentioned above is subject to some restrictions and obligations 
imposed on the Licensee. Those obligations are the following: 
 
Attribution right: the Licensee shall keep intact all copyright, patent or trademarks 
notices and all notices that refer to the Licence and to the disclaimer of warranties. 
The Licensee must include a copy of such notices and a copy of the Licence with 
every copy of the Work he/she distributes and/or communicates. The Licensee must 
cause any Derivative Work to carry prominent notices stating that the Work has been 
modified and the date of modification. 
 
Copyleft clause: If the Licensee distributes and/or communicates copies of the 
Original Works or Derivative Works based upon the Original Work, this Distribution 
and/or Communication will be done under the terms of this Licence or of a later 
version of this Licence unless the Original Work is expressly distributed only under 
this version of the Licence. The Licensee (becoming Licensor) cannot offer or impose 
any additional terms or conditions on the Work or Derivative Work that alter or 
restrict the terms of the Licence. 
 
Compatibility clause: If the Licensee Distributes and/or Communicates Derivative 
Works or copies thereof based upon both the Original Work and another work  
licensed under a Compatible Licence, this Distribution and/or Communication can be 
done under the terms of this Compatible Licence. For the sake of this clause, 
“Compatible Licence” refers to the licences listed in the appendix attached to this 
Licence. Should the Licensee’s obligations under the Compatible Licence conflict 
with his/her obligations under this Licence, the obligations of the Compatible Licence 
shall prevail.  
 
Provision of Source Code: When distributing and/or communicating copies of the 
Work, the Licensee will provide a machine-readable copy of the Source Code or 
indicate a repository where this Source will be easily and freely available for as long 
as the Licensee continues to distribute and/or communicate the Work. 
 
Legal Protection: This Licence does not grant permission to use the trade names, 
trademarks, service marks, or names of the Licensor, except as required for 
reasonable and customary use in describing the origin of the Work and reproducing 
the content of the copyright notice. 
 
 
 
 
 
 
   
6. Chain of Authorship 
 
The original Licensor warrants that the copyright in the Original Work granted 
hereunder is owned by him/her or licensed to him/her and that he/she has the power 
and authority to grant the Licence. 
 
Each Contributor warrants that the copyright in the modifications he/she brings to the 
Work are owned by him/her or licensed to him/her and that he/she has the power and 
authority to grant the Licence. 
 
Each time You accept the Licence, the original Licensor and subsequent Contributors 
grant You a licence to their contributions to the Work, under the terms of this 
Licence. 
 
7. Disclaimer of Warranty 
 
The Work is a work in progress, which is continuously improved by numerous 
contributors. It is not a finished work and may therefore contain defects or “bugs” 
inherent to this type of software development. 
 
For the above reason, the Work is provided under the Licence on an “as is” basis and 
without warranties of any kind concerning the Work, including without limitation 
merchantability, fitness for a particular purpose, absence of defects or errors, 
accuracy, non-infringement of intellectual property rights other than copyright as 
stated in Article 6 of this Licence. 
 
This disclaimer of warranty is an essential part of the Licence and a condition for the 
grant of any rights to the Work. 
 
8. Disclaimer of Liability 
 
Except in the cases of wilful misconduct or damages directly caused to natural 
persons, the Licensor will in no event be liable for any direct or indirect, material or 
moral, damages of any kind, arising out of the Licence or of the use of the Work, 
including without limitation, damages for loss of goodwill, work stoppage, computer 
failure or malfunction, loss of data or any commercial damage, even if the Licensor 
has been advised of the possibility of such damage. However, the Licensor will be 
liable under statutory product liability laws as far such laws apply to the Work. 
 
9. Additional agreements 
 
While distributing the Original Work or Derivative Works, You may choose to 
conclude an additional agreement to offer, and charge a fee for, acceptance of support, 
warranty, indemnity, or other liability obligations and/or services consistent with this 
Licence. However, in accepting such obligations, You may act only on your own 
behalf and on your sole responsibility, not on behalf of the original Licensor or any 
other Contributor, and only if You agree to indemnify, defend, and hold each 
Contributor harmless for any liability incurred by, or claims asserted against such 
Contributor by the fact You have accepted any such warranty or additional liability. 
 
 
   
10. Acceptance of the Licence 
 
The provisions of this Licence can be accepted by clicking on an icon “I agree” 
placed under the bottom of a window displaying the text of this Licence or by 
affirming consent in any other similar way, in accordance with the rules of applicable 
law. Clicking on that icon indicates your clear and irrevocable acceptance of this 
Licence and all of its terms and conditions.  
 
Similarly, you irrevocably accept this Licence and all of its terms and conditions by 
exercising any rights granted to You by Article 2 of this Licence, such as the use of 
the Work, the creation by You of a Derivative Work or the Distribution and/or 
Communication by You of the Work or copies thereof.  
 
11. Information to the public 
 
In case of any Distribution and/or Communication of the Work by means of electronic 
communication by You (for example, by offering to download the Work from a 
remote location) the distribution channel or media (for example, a website) must at 
least provide to the public the information requested by the applicable law regarding 
the Licensor, the Licence and the way it may be accessible, concluded, stored and 
reproduced by the Licensee. 
 
12. Termination of the Licence 
 
The Licence and the rights granted hereunder will terminate automatically upon any 
breach by the Licensee of the terms of the Licence. 
 
Such a termination will not terminate the licences of any person who has received the 
Work from the Licensee under the Licence, provided such persons remain in full 
compliance with the Licence.  
 
13. Miscellaneous 
 
Without prejudice of Article 9 above, the Licence represents the complete agreement 
between the Parties as to the Work licensed hereunder. 
 
If any provision of the Licence is invalid or unenforceable under applicable law, this 
will not affect the validity or enforceability of the Licence as a whole. Such provision 
will be construed and/or reformed so as necessary to make it valid and enforceable. 
 
The European Commission may publish other linguistic versions and/or new versions 
of this Licence, so far this is required and reasonable, without reducing the scope of 
the rights granted by the Licence. New versions of the Licence will be published with 
a unique version number. 
 
All linguistic versions of this Licence, approved by the European Commission, have 
identical value. Parties can take advantage of the linguistic version of their choice. 
 
 
 
 
   
14. Jurisdiction 
 
Any litigation resulting from the interpretation of this License, arising between the 
European Commission, as a Licensor, and any Licensee, will be subject to the 
jurisdiction of the Court of Justice of the European Communities, as laid down in 
article 238 of the Treaty establishing the European Community. 
 
Any litigation arising between Parties, other than the European Commission, and 
resulting from the interpretation of this License, will be subject to the exclusive 
jurisdiction of the competent court where the Licensor resides or conducts its primary 
business. 
 
15. Applicable Law 
 
This Licence shall be governed by the law of the European Union country where the 
Licensor resides or has his registered office. 
 
This licence shall be governed by the Belgian law if: 
 
- a litigation arises between the European Commission, as a Licensor, and any 
Licensee; 
- the Licensor, other than the European Commission, has no residence or 
registered office inside a European Union country.  
 
 
=== 
 
 
   
Appendix 
 
 
 
“Compatible Licences” according to article 5 EUPL are: 
 
 
- GNU General Public License (GNU GPL) v. 2 
 
- Open Software License (OSL) v. 2.1, v. 3.0 
 
- Common Public License v. 1.0 
 
- Eclipse Public License v. 1.0 
 
- Cecill v. 2.0