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EUROPEAN UNION PUBLIC LICENCE v. 1.2
EUPL © 2007-2016 European Commission
This European Union Public Licence (the "Licence") applies to the Work (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 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 Work:
Licensed under the EUPL
or has attached the Licence to the Work in any other manner reasonably suitable to
convey the message that the Work is licensed 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 compiled code,
as the case may be.
— 'Derivative Works': any work 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 to qualify
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 any Derivative Works.
— 'The Source Code': the human-readable form of the Work which is the most
convenient for people to study and modify it.
— 'The Compiled Code': any code which has been generated from the Source Code by
a process of translation, transformation or compilation, in a format normally used
for the execution of the work.
— 'The Licensor': the natural or legal person, public authority, agency or any
other entity by law responsible for distribution of the Work. Under this
definition, "Licensor" does not include any entity which has a right to
sub-license the Work under a non-exclusive, royalty-free licence (either express
or implied).
— 'Contributor(s)': any natural or legal person that 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,
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:
— use the Work in any circumstance and for all usage,
— reproduce the Work,
— modify the Work, and develop 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.
These 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 the right to
exercise the moral right of paternity of the Work to the fullest extent allowed
by law so as to allow for the effective exercise of the economic rights herein
granted.
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 Compiled
Code. If the Licensor provides the Work as Compiled Code, the Licensor must also
provide a machine-readable copy of the Source Code of the Work along with each
copy of the Compiled Code provided by the Licensor or indicate, 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 or communicate the Compiled Code.
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 Compiled Code, 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 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 or communicates copies of the
Original Work or Derivative Works, this Distribution 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 —
for example by the communication of "EUPL v. 1.2 only". In this case, the User
(becoming Licensee) cannot impose any further EUPL revisions on the reception of
the Work.
Compatibility clause: If the Licensee distributes or communicates Derivative Works
or copies thereof based upon both the Original Work and another work licensed
under a Compatible Licence, this Distribution 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 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 accessible for as long as
the Licensee continues to distribute 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 Responsibility
The original Licensor warrants that the copyright in the Original Work granted
hereunder does not infringe any third party's intellectual property rights.
Each Contributor warrants that his or her modifications to the Work do not
infringe any third party's intellectual property rights.
7. Disclaimer of Warranty
The Work is provided on an "AS IS" basis, WITHOUT WARRANTIES OF ANY KIND,
CONCERNING THE WORK, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED
WARRANTIES, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTHING IN THIS LICENCE SHALL BE
UNDERSTOOD TO AFFIRM OR IMPLY ANY SUCH WARRANTIES.
The Licensor shall not be liable for any damage of any kind caused by the Work,
including without limitation, lost profits, lost income, lost opportunity, or
other intangible losses, even if the Licensor has been advised of the possibility
of such damage.
8. Limitation of Liability
Except in the cases of wilful wrongdoing or damages directly caused to natural
persons, the Licensor shall 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 lost profits, work
stoppage, computer failure or malfunction, or any form of general or special
damage, even if the Licensor has been advised of the possibility of such damage.
However, the Licensor shall be liable under statutory product liability laws as
far such laws apply to the Work.
9. Additional agreements
While distributing the Work, You may choose to conclude an additional agreement,
defining obligations or services consistent with this Licence. However, if
accepting 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 harmless each Licensor and
Contributor for any liability incurred by, or claims asserted against such
Licensor or Contributor by reason of your accepting any such warranty or
additional liability.
10. Acceptance of the Licence
The provisions of this Licence can be accepted by clicking on an "I agree" button
positioned 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 button 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
when you exercise 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
or Communication by You of the Work or copies thereof.
11. Information to the public
In case of Distribution or Communication of the Work by means of electronic
transmission (for example, by offering to download from a remote location) the
distribution channel or the 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.
Should the breach be remedied within 30 days of becoming aware of it by the
Licensee, continuity of the licence will be restored provided that this does not
happen more than twice in any five year period.
For explicit termination of the Licence by the Licensor, the Licensor must give
formal notice to the Licensee with no further obligation to cure any breach.
Upon termination of the Licence:
— the rights granted to the Licensee under the Licence will end, and
— the Licensee shall, within a reasonable period after the termination, cease the
use or distribution of the Work, save where the Licence permits the continued use
of the Work after termination. All sub-licences to the Work which have been validly
concluded by the Licensee prior to termination shall survive.
Save for the explicit termination by the Licensor or following termination by the
Licensee, the Work continues to be distributed or communicated under the same
Licence.
13. Miscellaneous
Without prejudice to any negotiations or procedures, insofar as the Licensor has
already received from the Licensee an indemnification in respect of actions brought
by the Licensor, arising from the infringement of intellectual property rights on
the part of the Licensor, the Licensor shall lose the right to seek indemnification
from the Licensee in respect of these or other intellectual property rights.
Disputes arising between the parties relating to the interpretation or execution of
this agreement may be brought before the courts of the place where the Licensor
resides, unless there is an arbitration agreement between the parties or this
provision is modified by an agreement in writing between the parties.
14. Jurisdiction
Notwithstanding any choice of law, all disputes relating to the interpretation or
execution of this Licence, including arbitration, shall be subject to the exclusive
jurisdiction of the courts where the Licensor resides, unless otherwise agreed by
the parties in writing.
15. Applicable Law
This Licence shall be governed by the law of the European Union Member State in
which the Licensor resides.
Appendix
"Compatible Licences" according to article 5 EUPL are:
— GNU General Public Licence (GPL) v. 2, v. 3
— GNU Affero General Public Licence (AGPL) v. 3
— Open Software Licence (OSL) v. 2.1, v. 3.0
— Eclipse Public Licence (EPL) v. 1.0
— CeCILL v. 2.0, v. 2.1
— Mozilla Public Licence (MPL) v. 2.0
— GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3
— Creative Commons Attribution-ShareAlike v. 3.0 Unported (note: this is not a Free Software Licence)
— Public Documentation Licence (GDL) for GFDL v. 1.3
— WTFPL v. 2.0
— zlib/libpng
— Do What The F* You Want To Public Licence (WTFWPL)
— Microsoft Public Licence (Ms-PL)
— Microsoft Reciprocal Public Licence (Ms-RL)
— Illinois Open Source Licence (NCSA)
— Vovida Software Licence v. 1.0
— Boost Software Licence v. 1.0
— Artistic Licence v. 2.0
— Fair Licence
— Zope Public Licence v. 2.1