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This European Union Public Licence (the ‘EUPL’) applies to the Work (asdefined below) which is provided under the terms of this Licence. Any use ofthe Work, other than as authorised under this Licence is prohibited (to theextent such use is covered by a right of the copyright holder of the Work).
The Work is provided under the terms of this Licence when the Licensor (asdefined below) has placed the following notice immediately following thecopyright notice for the Work:
Licensed under the EUPL
or has expressed by any other means 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’: the work or software distributed 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 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 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 Work under the terms of the Licence.
- ‘Distribution’ or ‘Communication’: any act of selling, giving, lending, renting, distributing, communicating, transmitting, or otherwise making available, online or offline, 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 worldwide, royalty-free, non-exclusive,sublicensable licence to do the following, for the duration of copyrightvested in the Original Work:
- use the Work in any circumstance and for all usage,- reproduce the Work,- modify the 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,- sublicense rights in the Work or copies thereof.
Those rights can be exercised on any media, supports and formats, whether nowknown or later invented, as far as the applicable law permits so.
In the countries where moral rights apply, the Licensor waives his right toexercise his moral right to the extent allowed by law in order to makeeffective the licence of the economic rights here above listed.
The Licensor grants to the Licensee royalty-free, non-exclusive usage rightsto any patents held by the Licensor, to the extent necessary to make use ofthe 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 asExecutable Code. If the Work is provided as Executable Code, the Licensorprovides in addition a machine-readable copy of the Source Code of the Workalong with each copy of the Work that the Licensor distributes or indicates,in a notice following the copyright notice attached to the Work, a repositorywhere the Source Code is easily and freely accessible for as long as theLicensor continues to distribute or communicate the Work.
4. Limitations on copyright
Nothing in this Licence is intended to deprive the Licensee of the benefitsfrom any exception or limitation to the exclusive rights of the rights ownersin the Work, of the exhaustion of those rights or of other applicablelimitations thereto.
5. Obligations of the Licensee
The grant of the rights mentioned above is subject to some restrictions andobligations imposed on the Licensee. Those obligations are the following:
Attribution right: The Licensee shall keep intact all copyright, patent ortrademarks notices and all notices that refer to the Licence and to thedisclaimer of warranties. The Licensee must include a copy of such notices anda copy of the Licence with every copy of the Work he/she distributes orcommunicates. The Licensee must cause any Derivative Work to carry prominentnotices stating that the Work has been modified and the date of modification.
Copyleft clause: If the Licensee distributes or communicates copies of theOriginal Works or Derivative Works, this Distribution or Communication will bedone under the terms of this Licence or of a later version of this Licenceunless the Original Work is expressly distributed only under this version ofthe Licence — for example by communicating ‘EUPL v. 1.2 only’. The Licensee(becoming Licensor) cannot offer or impose any additional terms or conditionson the Work or Derivative Work that alter or restrict the terms of theLicence.
Compatibility clause: If the Licensee Distributes or Communicates DerivativeWorks or copies thereof based upon both the Work and another work licensedunder a Compatible Licence, this Distribution or Communication can be doneunder the terms of this Compatible Licence. For the sake of this clause,‘Compatible Licence’ refers to the licences listed in the appendix attached tothis Licence. Should the Licensee's obligations under the Compatible Licenceconflict with his/her obligations under this Licence, the obligations of theCompatible Licence shall prevail.
Provision of Source Code: When distributing or communicating copies of theWork, the Licensee will provide a machine-readable copy of the Source Code orindicate a repository where this Source will be easily and freely availablefor as long as the Licensee continues to distribute or communicate the Work.
Legal Protection: This Licence does not grant permission to use the tradenames, trademarks, service marks, or names of the Licensor, except as requiredfor reasonable and customary use in describing the origin of the Work andreproducing the content of the copyright notice.
6. Chain of Authorship
The original Licensor warrants that the copyright in the Original Work grantedhereunder is owned by him/her or licensed to him/her and that he/she has thepower and authority to grant the Licence.
Each Contributor warrants that the copyright in the modifications he/shebrings to the Work are owned by him/her or licensed to him/her and that he/shehas the power and authority to grant the Licence.
Each time You accept the Licence, the original Licensor and subsequentContributors grant You a licence to their contributions to the Work, under theterms of this Licence.
7. Disclaimer of Warranty
The Work is a work in progress, which is continuously improved by numerousContributors. It is not a finished work and may therefore contain defects or‘bugs’ inherent to this type of 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, includingwithout limitation merchantability, fitness for a particular purpose, absenceof defects or errors, accuracy, non-infringement of intellectual propertyrights other than copyright as stated in Article 6 of this Licence.
This disclaimer of warranty is an essential part of the Licence and acondition 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 naturalpersons, 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 theuse of the Work, including without limitation, damages for loss of goodwill,work stoppage, computer failure or malfunction, loss of data or any commercialdamage, even if the Licensor has been advised of the possibility of suchdamage. However, the Licensor will be liable under statutory product liabilitylaws as far such laws apply to the Work.
9. Additional agreements
While distributing the Work, You may choose to conclude an additionalagreement, defining obligations or services consistent with this Licence.However, if accepting obligations, You may act only on your own behalf and onyour sole responsibility, not on behalf of the original Licensor or any otherContributor, and only if You agree to indemnify, defend, and hold eachContributor harmless for any liability incurred by, or claims asserted againstsuch Contributor by the fact You have accepted any warranty or additionalliability.
10. Acceptance of the Licence
The provisions of this Licence can be accepted by clicking on an icon ‘Iagree’ placed under the bottom of a window displaying the text of this Licenceor by affirming consent in any other similar way, in accordance with the rulesof applicable law. Clicking on that icon indicates your clear and irrevocableacceptance of this Licence and all of its terms and conditions.
Similarly, you irrevocably accept this Licence and all of its terms andconditions by exercising any rights granted to You by Article 2 of thisLicence, such as the use of the Work, the creation by You of a Derivative Workor the Distribution or Communication by You of the Work or copies thereof.
11. Information to the public
In case of any Distribution or Communication of the Work by means ofelectronic communication by You (for example, by offering to download the Workfrom a remote location) the distribution channel or media (for example, awebsite) must at least provide to the public the information requested by theapplicable law regarding the Licensor, the Licence and the way it may beaccessible, concluded, stored and reproduced by the Licensee.
12. Termination of the Licence
The Licence and the rights granted hereunder will terminate automatically uponany breach by the Licensee of the terms of the Licence.
Such a termination will not terminate the licences of any person who hasreceived the Work from the Licensee under the Licence, provided such personsremain in full compliance with the Licence.
13. Miscellaneous
Without prejudice of Article 9 above, the Licence represents the completeagreement between the Parties as to the Work.
If any provision of the Licence is invalid or unenforceable under applicablelaw, this will not affect the validity or enforceability of the Licence as awhole. Such provision will be construed or reformed so as necessary to make itvalid and enforceable.
The European Commission may publish other linguistic versions or new versionsof this Licence or updated versions of the Appendix, so far this is requiredand reasonable, without reducing the scope of the rights granted by theLicence. New versions of the Licence will be published with a unique versionnumber.
All linguistic versions of this Licence, approved by the European Commission,have identical value. Parties can take advantage of the linguistic version oftheir choice.
14. Jurisdiction
Without prejudice to specific agreement between parties,
- any litigation resulting from the interpretation of this License, arising between the European Union institutions, bodies, offices or agencies, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice of the European Union, as laid down in article 272 of the Treaty on the Functioning of the European Union,
- any litigation arising between other parties 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
Without prejudice to specific agreement between parties,
- this Licence shall be governed by the law of the European Union Member State where the Licensor has his seat, resides or has his registered office,
- this licence shall be governed by Belgian law if the Licensor has no seat, residence or registered office inside a European Union Member State.
Appendix
‘Compatible Licences’ according to Article 5 EUPL are:
- GNU General Public License (GPL) v. 2, v. 3- GNU Affero General Public License (AGPL) v. 3- Open Software License (OSL) v. 2.1, v. 3.0- Eclipse Public License (EPL) v. 1.0- CeCILL v. 2.0, v. 2.1- Mozilla Public Licence (MPL) v. 2- GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3- Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for works other than software- European Union Public Licence (EUPL) v. 1.1, v. 1.2- Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong Reciprocity (LiLiQ-R+).
The European Commission may update this Appendix to later versions of theabove licences without producing a new version of the EUPL, as long as theyprovide the rights granted in Article 2 of this Licence and protect thecovered Source Code from exclusive appropriation.
All other changes or additions to this Appendix require the production of anew EUPL version.