| 1 | EUROPEAN UNION PUBLIC LICENCE v. 1.2 |
| 2 | EUPL © 2007-2016 European Commission |
| 3 | |
| 4 | This European Union Public Licence (the "Licence") 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 use |
| 7 | 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 defined |
| 10 | below) has placed the following notice immediately following the copyright notice |
| 11 | for the Work: |
| 12 | |
| 13 | Licensed under the EUPL |
| 14 | |
| 15 | or has attached the Licence to the Work in any other manner reasonably suitable to |
| 16 | convey the message that the Work is licensed under the EUPL. |
| 17 | |
| 18 | 1. Definitions |
| 19 | |
| 20 | In this Licence, the following terms have the following meaning: |
| 21 | |
| 22 | — 'The Licence': this licence. |
| 23 | |
| 24 | — 'The Original Work': the work or software distributed or communicated by the |
| 25 | Licensor under this Licence, available as source code and also as compiled code, |
| 26 | as the case may be. |
| 27 | |
| 28 | — 'Derivative Works': any work or software that could be created by the Licensee, |
| 29 | based upon the Original Work or modifications thereof. This Licence does not define |
| 30 | the extent of modification or dependence on the Original Work required to qualify |
| 31 | a work as a Derivative Work; this extent is determined by copyright law applicable |
| 32 | in the country mentioned in Article 15. |
| 33 | |
| 34 | — 'The Work': the Original Work or any Derivative Works. |
| 35 | |
| 36 | — 'The Source Code': the human-readable form of the Work which is the most |
| 37 | convenient for people to study and modify it. |
| 38 | |
| 39 | — 'The Compiled Code': any code which has been generated from the Source Code by |
| 40 | a process of translation, transformation or compilation, in a format normally used |
| 41 | for the execution of the work. |
| 42 | |
| 43 | — 'The Licensor': the natural or legal person, public authority, agency or any |
| 44 | other entity by law responsible for distribution of the Work. Under this |
| 45 | definition, "Licensor" does not include any entity which has a right to |
| 46 | sub-license the Work under a non-exclusive, royalty-free licence (either express |
| 47 | or implied). |
| 48 | |
| 49 | — 'Contributor(s)': any natural or legal person that modifies the Work under the |
| 50 | Licence, or otherwise contributes to the creation of a Derivative Work. |
| 51 | |
| 52 | — 'The Licensee' or 'You': any natural or legal person who makes any usage of the |
| 53 | Work under the terms of the Licence. |
| 54 | |
| 55 | — 'Distribution' or 'Communication': any act of selling, giving, lending, |
| 56 | renting, distributing, communicating, transmitting, or otherwise making available, |
| 57 | on-line or off-line, copies of the Work or providing access to its essential |
| 58 | functionalities at the disposal of any other natural or legal person. |
| 59 | |
| 60 | 2. Scope of the rights granted by the Licence |
| 61 | |
| 62 | The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, |
| 63 | sub-licensable licence to do the following: |
| 64 | |
| 65 | — use the Work in any circumstance and for all usage, |
| 66 | — reproduce the Work, |
| 67 | — modify the Work, and develop Derivative Works based upon the Work, |
| 68 | — communicate to the public, including the right to make available or display the |
| 69 | Work or copies thereof to the public and perform publicly, as the case may be, the |
| 70 | Work, |
| 71 | — distribute the Work or copies thereof, |
| 72 | — lend and rent the Work or copies thereof, |
| 73 | — sub-license rights in the Work or copies thereof. |
| 74 | |
| 75 | These rights can be exercised on any media, supports and formats, whether now |
| 76 | known or later invented, as far as the applicable law permits so. |
| 77 | |
| 78 | In the countries where moral rights apply, the Licensor waives the right to |
| 79 | exercise the moral right of paternity of the Work to the fullest extent allowed |
| 80 | by law so as to allow for the effective exercise of the economic rights herein |
| 81 | granted. |
| 82 | |
| 83 | The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to |
| 84 | any patents held by the Licensor, to the extent necessary to make use of the |
| 85 | rights granted on the Work under this Licence. |
| 86 | |
| 87 | 3. Communication of the Source Code |
| 88 | |
| 89 | The Licensor may provide the Work either in its Source Code form or as Compiled |
| 90 | Code. If the Licensor provides the Work as Compiled Code, the Licensor must also |
| 91 | provide a machine-readable copy of the Source Code of the Work along with each |
| 92 | copy of the Compiled Code provided by the Licensor or indicate, in a notice |
| 93 | following the copyright notice attached to the Work, a repository where the |
| 94 | Source Code is easily and freely accessible for as long as the Licensor continues |
| 95 | to distribute or communicate the Compiled Code. |
| 96 | |
| 97 | 4. Limitations on copyright |
| 98 | |
| 99 | Nothing in this Licence is intended to deprive the Licensee of the benefits from |
| 100 | any exception or limitation to the exclusive rights of the rights owners in the |
| 101 | Original Work or Compiled Code, of the exhaustion of those rights, or of other |
| 102 | applicable limitations thereto. |
| 103 | |
| 104 | 5. Obligations of the Licensee |
| 105 | |
| 106 | The grant of the rights mentioned above is subject to some restrictions and |
| 107 | obligations imposed on the Licensee. Those obligations are the following: |
| 108 | |
| 109 | Attribution right: The Licensee shall keep intact all copyright, patent or |
| 110 | trademarks notices and all notices that refer to the Licence and to the |
| 111 | disclaimer of warranties. The Licensee must include a copy of such notices and a |
| 112 | copy of the Licence with every copy of the Work he/she distributes or |
| 113 | communicates. The Licensee must cause any Derivative Work to carry prominent |
| 114 | notices stating that the Work has been modified and the date of modification. |
| 115 | |
| 116 | Copyleft clause: If the Licensee distributes or communicates copies of the |
| 117 | Original Work or Derivative Works, this Distribution or Communication will be done |
| 118 | under the terms of this Licence or of a later version of this Licence unless the |
| 119 | Original Work is expressly distributed only under this version of the Licence — |
| 120 | for example by the communication of "EUPL v. 1.2 only". In this case, the User |
| 121 | (becoming Licensee) cannot impose any further EUPL revisions on the reception of |
| 122 | the Work. |
| 123 | |
| 124 | Compatibility clause: If the Licensee distributes or communicates Derivative Works |
| 125 | or copies thereof based upon both the Original Work and another work licensed |
| 126 | under a Compatible Licence, this Distribution or Communication can be done under |
| 127 | the terms of this Compatible Licence. For the sake of this clause, "Compatible |
| 128 | Licence" refers to the licences listed in the appendix attached to this Licence. |
| 129 | Should the Licensee's obligations under the Compatible Licence conflict with |
| 130 | his/her obligations under this Licence, the obligations of the Compatible Licence |
| 131 | shall prevail. |
| 132 | |
| 133 | Provision of Source Code: When distributing or communicating copies of the Work, |
| 134 | the Licensee will provide a machine-readable copy of the Source Code or indicate a |
| 135 | repository where this Source will be easily and freely accessible for as long as |
| 136 | the Licensee continues to distribute or communicate the Work. |
| 137 | |
| 138 | Legal Protection: This Licence does not grant permission to use the trade names, |
| 139 | trademarks, service marks, or names of the Licensor, except as required for |
| 140 | reasonable and customary use in describing the origin of the Work and reproducing |
| 141 | the content of the copyright notice. |
| 142 | |
| 143 | 6. Chain of Responsibility |
| 144 | |
| 145 | The original Licensor warrants that the copyright in the Original Work granted |
| 146 | hereunder does not infringe any third party's intellectual property rights. |
| 147 | |
| 148 | Each Contributor warrants that his or her modifications to the Work do not |
| 149 | infringe any third party's intellectual property rights. |
| 150 | |
| 151 | 7. Disclaimer of Warranty |
| 152 | |
| 153 | The Work is provided on an "AS IS" basis, WITHOUT WARRANTIES OF ANY KIND, |
| 154 | CONCERNING THE WORK, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED |
| 155 | WARRANTIES, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR |
| 156 | NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTHING IN THIS LICENCE SHALL BE |
| 157 | UNDERSTOOD TO AFFIRM OR IMPLY ANY SUCH WARRANTIES. |
| 158 | |
| 159 | The Licensor shall not be liable for any damage of any kind caused by the Work, |
| 160 | including without limitation, lost profits, lost income, lost opportunity, or |
| 161 | other intangible losses, even if the Licensor has been advised of the possibility |
| 162 | of such damage. |
| 163 | |
| 164 | 8. Limitation of Liability |
| 165 | |
| 166 | Except in the cases of wilful wrongdoing or damages directly caused to natural |
| 167 | persons, the Licensor shall in no event be liable for any direct or indirect, |
| 168 | material or moral, damages of any kind, arising out of the Licence or of the use |
| 169 | of the Work, including without limitation, damages for lost profits, work |
| 170 | stoppage, computer failure or malfunction, or any form of general or special |
| 171 | damage, even if the Licensor has been advised of the possibility of such damage. |
| 172 | |
| 173 | However, the Licensor shall be liable under statutory product liability laws as |
| 174 | far such laws apply to the Work. |
| 175 | |
| 176 | 9. Additional agreements |
| 177 | |
| 178 | While distributing the Work, You may choose to conclude an additional agreement, |
| 179 | defining obligations or services consistent with this Licence. However, if |
| 180 | accepting obligations, You may act only on your own behalf and on your sole |
| 181 | responsibility, not on behalf of the original Licensor or any other Contributor, |
| 182 | and only if You agree to indemnify, defend, and hold harmless each Licensor and |
| 183 | Contributor for any liability incurred by, or claims asserted against such |
| 184 | Licensor or Contributor by reason of your accepting any such warranty or |
| 185 | additional liability. |
| 186 | |
| 187 | 10. Acceptance of the Licence |
| 188 | |
| 189 | The provisions of this Licence can be accepted by clicking on an "I agree" button |
| 190 | positioned under the bottom of a window displaying the text of this Licence or by |
| 191 | affirming consent in any other similar way, in accordance with the rules of |
| 192 | applicable law. Clicking on that button indicates your clear and irrevocable |
| 193 | acceptance of this Licence and all of its terms and conditions. |
| 194 | |
| 195 | Similarly, you irrevocably accept this Licence and all of its terms and conditions |
| 196 | when you exercise any rights granted to You by Article 2 of this Licence, such as |
| 197 | the use of the Work, the creation by You of a Derivative Work or the Distribution |
| 198 | or Communication by You of the Work or copies thereof. |
| 199 | |
| 200 | 11. Information to the public |
| 201 | |
| 202 | In case of Distribution or Communication of the Work by means of electronic |
| 203 | transmission (for example, by offering to download from a remote location) the |
| 204 | distribution channel or the media (for example, a website) must at least provide |
| 205 | to the public the information requested by the applicable law regarding the |
| 206 | Licensor, the Licence and the way it may be accessible, concluded, stored and |
| 207 | reproduced by the Licensee. |
| 208 | |
| 209 | 12. Termination of the Licence |
| 210 | |
| 211 | The Licence and the rights granted hereunder will terminate automatically upon any |
| 212 | breach by the Licensee of the terms of the Licence. |
| 213 | |
| 214 | Should the breach be remedied within 30 days of becoming aware of it by the |
| 215 | Licensee, continuity of the licence will be restored provided that this does not |
| 216 | happen more than twice in any five year period. |
| 217 | |
| 218 | For explicit termination of the Licence by the Licensor, the Licensor must give |
| 219 | formal notice to the Licensee with no further obligation to cure any breach. |
| 220 | |
| 221 | Upon termination of the Licence: |
| 222 | |
| 223 | — the rights granted to the Licensee under the Licence will end, and |
| 224 | — the Licensee shall, within a reasonable period after the termination, cease the |
| 225 | use or distribution of the Work, save where the Licence permits the continued use |
| 226 | of the Work after termination. All sub-licences to the Work which have been validly |
| 227 | concluded by the Licensee prior to termination shall survive. |
| 228 | |
| 229 | Save for the explicit termination by the Licensor or following termination by the |
| 230 | Licensee, the Work continues to be distributed or communicated under the same |
| 231 | Licence. |
| 232 | |
| 233 | 13. Miscellaneous |
| 234 | |
| 235 | Without prejudice to any negotiations or procedures, insofar as the Licensor has |
| 236 | already received from the Licensee an indemnification in respect of actions brought |
| 237 | by the Licensor, arising from the infringement of intellectual property rights on |
| 238 | the part of the Licensor, the Licensor shall lose the right to seek indemnification |
| 239 | from the Licensee in respect of these or other intellectual property rights. |
| 240 | |
| 241 | Disputes arising between the parties relating to the interpretation or execution of |
| 242 | this agreement may be brought before the courts of the place where the Licensor |
| 243 | resides, unless there is an arbitration agreement between the parties or this |
| 244 | provision is modified by an agreement in writing between the parties. |
| 245 | |
| 246 | 14. Jurisdiction |
| 247 | |
| 248 | Notwithstanding any choice of law, all disputes relating to the interpretation or |
| 249 | execution of this Licence, including arbitration, shall be subject to the exclusive |
| 250 | jurisdiction of the courts where the Licensor resides, unless otherwise agreed by |
| 251 | the parties in writing. |
| 252 | |
| 253 | 15. Applicable Law |
| 254 | |
| 255 | This Licence shall be governed by the law of the European Union Member State in |
| 256 | which the Licensor resides. |
| 257 | |
| 258 | Appendix |
| 259 | |
| 260 | "Compatible Licences" according to article 5 EUPL are: |
| 261 | |
| 262 | — GNU General Public Licence (GPL) v. 2, v. 3 |
| 263 | — GNU Affero General Public Licence (AGPL) v. 3 |
| 264 | — Open Software Licence (OSL) v. 2.1, v. 3.0 |
| 265 | — Eclipse Public Licence (EPL) v. 1.0 |
| 266 | — CeCILL v. 2.0, v. 2.1 |
| 267 | — Mozilla Public Licence (MPL) v. 2.0 |
| 268 | — GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3 |
| 269 | — Creative Commons Attribution-ShareAlike v. 3.0 Unported (note: this is not a Free Software Licence) |
| 270 | — Public Documentation Licence (GDL) for GFDL v. 1.3 |
| 271 | — WTFPL v. 2.0 |
| 272 | — zlib/libpng |
| 273 | — Do What The F* You Want To Public Licence (WTFWPL) |
| 274 | — Microsoft Public Licence (Ms-PL) |
| 275 | — Microsoft Reciprocal Public Licence (Ms-RL) |
| 276 | — Illinois Open Source Licence (NCSA) |
| 277 | — Vovida Software Licence v. 1.0 |
| 278 | — Boost Software Licence v. 1.0 |
| 279 | — Artistic Licence v. 2.0 |
| 280 | — Fair Licence |
| 281 | — Zope Public Licence v. 2.1 |