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