LICENSE.md

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

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